OZA B. JENKINS, APPELLANT,
v.
LENNAR CORPORATION AND DUANE MORRIS & HECKSCHER, APPELLEES

Fla. 3d DCA | 2008-01-23
No. 3D07-1858
Before WELLS, ROTHENBERG, and SALTER, JJ.
972 So. 2d 1064 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Oza B. Jenkins appealed a summary judgment in favor of Lennar Corporation and Duane Morris & Heckscher, arising from her third attempt to re-litigate a foreclosure judgment from 2000. The court affirmed the summary judgment on res judicata grounds, barring Jenkins from re-litigating claims that were or could have been raised in prior actions.


Holding

The court held that res judicata bars re-litigation of Jenkins' claims because all four elements of the doctrine are satisfied: identity of things sued for, identity of cause of action, identity of parties (Universal and Lennar as privies), and identity of quality of persons against whom claims were made.


Headnotes

[1] Res judicata bars re-litigation of a cause of action for claims that were raised or could have been raised in a prior action.

[2] The elements of res judicata require identity of the things sued for, identity of the cause of action, identity of the parties, and identity of the quality in the person…

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Key Quotes

“The doctrine of res judicata bars re-litigation of a cause of action for claims that were raised and could have been raised in a prior action.”

Establishes the foundational principle governing the court's analysis and disposition of the case.

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Facts & Procedural History

Jenkins was the subject of a foreclosure action brought by Universal American Mortgage Company (a Lennar subsidiary) in December 2000, resulting in a …

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Opinion of the Court
ROTHENBERG, Judge.

ROTHENBERG, Judge.

The plaintiff, Oza B. Jenkins (“Jenkins”), appeals from a final order granting summary judgment in favor of the defendants, Lennar Corporation (“Lennar”) and Duane Morris & Heckscher (collectively, “the defendants”). We affirm the judgment of the trial court in all respects.

The instant case represents Jenkins’ third attempt to re-litigate a final judgment of foreclosure entered against her in a December 2000 lawsuit brought by Universal American Mortgage Company (“Universal”), a subsidiary of Lennar. In 2002, this Court affirmed that final judgment of foreclosure. Jenkins v. Universal Am. Mortgage Co., 807 So. 2d 146 (Fla. 3d DCA 2002). Jenkins pursued her appeal to the Florida Supreme Court, and shortly thereafter, to the United States Supreme Court, but was denied certiorari on both occasions.

In 2004, Jenkins sued Universal and a host of other entities in state court, raising allegations based upon the original foreclosure action. The trial court dismissed the complaint with prejudice and Jenkins did not appeal. In 2005, Jenkins brought a federal lawsuit against the defendants based upon the same issues involved in the previous actions. The district court granted the defendants’ motion for summary judgment on res judicata grounds, and Jenkins appealed. The Eleventh Circuit remanded, instructing the district court to dismiss Jenkins’ complaint for lack of jurisdiction. The district court proceeded as instructed, and Jenkins’ subsequent appeal was dismissed.

In March 2007, Jenkins returned to state court to pursue allegations against the same defendants based upon the same operative facts involved in each of the previous actions. The trial court granted the defendants’ motion for summary judgment and determined that the instant lawsuit and the two preceding lawsuits, in 2004 and 2005, amounted to vexatious litigation. On September 4, 2007, the trial court issued a final summary judgment in favor of the defendants, and this appeal followed.

The defendants contend that the trial court’s final summary judgment should be affirmed because res judicata bars Jenkins’ arguments. We agree.

The doctrine of res judicata bars re-litigation of a cause of action for claims that were raised and could have been raised in a prior action. The elements under the doctrine are: (1) identity of the things sued for; (2) identity of the cause of action; (3) identity of the parties and (4) identity of the quality in the person for or against whom the claims are made.

Johnson v. Young, 964 So. 2d 719, 721 (Fla. 3d DCA 2007); see also Topps v. State, 865 So. 2d 1253, 1255 (Fla.2004) (holding that application of res judicata requires that a prior adjudication include a ruling on the merits). The record clearly indicates that Jenkins’ present allegations — that she was improperly evicted, that Lennar filed a fraudulent IRS form 1099, and that the clerk of the court made an erroneous docket entry — either were raised and decided on the merits, or could have been raised, in one of the four previous actions.

For res judicata purposes, identity of the thing sued for and identity of the cause of action are present because the relief requested and the theories of action m each of Jenkins lawsuits are indistinguishable. Because Universal is a subsidiary of Lennar, they are privies, and thus, the parties to each of the previous lawsuits are identical. See Engle v. Liggett Group, Inc., 945 So. 2d 1246, 1259 (Fla.2006) (holding that judgments on the merits in former proceedings are binding on the original parties as well as their privies). Finally, because the defendants were sued in the same capacity vis-á-vis Jenkins in each of the lawsuits, identity of the quality of the person against whom the complaint was made clearly exists.

Accordingly, the trial court was correct in entering summary judgment in favor of the defendants. In addition, we specifically reaffirm the trial court’s directive that Jenkins shall refrain from filing any further action stemming from the original foreclosure judgment without first obtaining approval from the trial court.

Affirmed.


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Citator

Cited By

  • Oza B. Jenkins v. Motorola, Inc., 994 So. 2d 1253 (Fla. 3d DCA 2008)
    …s not the first time in which a trial court has found that Jenkins’ repetitive motions amounted to vexatious litigation and has directed her to refrain from filing further motions without the approval of the trial court. See Jenkins v. Lennar Corp., 972 So. 2d 1064, 1066 (Fla. 3d DCA), review denied, 988 So. 2d 622 (Fla.2008).…
  • Betancourt v. In re the Est. OF Victoria Misdraji, 13 So. 3d 489 (Fla. 3d DCA 2009)
    …must now realize that her claims, objections, petitions, grievances, and correspondence to the court regarding her late mother’s estate must stop. Those issues have been adjudicated and may not be asserted successively. See Jenkins v. Lennar Corp., 972 So. 2d 1064, 1065 (Fla. 3d DCA 2008). Affirmed.…
  • …ch PBLLC does not assert, the Foreclosure Appeal was the only and final opportunity to raise any issues affecting rights upon foreclosure, and the failure to raise such issues barred any future assertion of those claims. See Jenkins v. Lennar Corp., 972 So. 2d 1064, 1065 (Fla. 3d DCA 2008) (holding that a litigant was barred from attacking a final judgment of foreclosure when the court had affirmed foreclosure on direct appeal and the litigant’s issues either were previously decided on the merits or could have…

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